Senate Bill S8490

                                BILL NUMBER:S8490

TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to vaccina-
tion of egg-laying hens against salmonella

PURPOSE OF BILL:
To require that eggs may not be produced, transported or sold for human
consumption in New York State unless the hens producing them are vacci-
nated against salmonella

SUMMARY OF PROVISIONS:
Section 1: Adds a new section 96-z-30 to the agriculture and markets
law. Establishes that no person, corporation, or other entity in New
York, shall transport, sell, or offer or expose for sale eggs for the
purpose of human consumption, unless such eggs originate from poultry
that has been vaccinated against salmonella enteritidis. Sets the penal-
ty of violation as a class A misdemeanor. Grants the Commissioner
permission to promulgate and adopt rules and regulations to effectively
enact provisions of this section.

Section 2: Sets the effective date.

JUSTIFICATION:
The U.S. Food and Drug Administration (FDA) estimates that each year
over 142,000 illnesses and 30 deaths are due to consumption of eggs
              

contaminated with salmonella enteritidis. Despite the fact that it is a
widely held view among experts that vaccines as part of a comprehensive
egg safety program would be effective in preventing salmonella enteri-
tidis, vaccinations of egg-laying hens have not been mandated by the FDA
or New York State. Salmonella vaccination by British farmers has
successfully reduced the number of salmonella enteritidis cases by 96
percent in England and Wales over the past decade.

The FDA regulations preempt states from issuing less stringent regu-
lations, but allow for New York and other states to adopt more stringent
measures, such as requiring vaccinations. Passing this bill will ensure
that all eggs sold in New York State come from vaccinated hens, irre-
spective of where the eggs are produced, and will do more to protect New
Yorkers from this serious and sometimes deadly illness.

An exception to this provision would be made for eggs transported within
the state to an egg breaking plant for pasteurization, or for research
or experimentation purposes with written permission by the Commissioner.

The mandates under the bill would be enforceable under regulations simi-
lar to those currently promulgated by the State Department of Agricul-
ture and Markets (Section 57.7) governing salmonella enteritidis, and
could be incorporated into the certification process that out-of-state
producers of eggs are already required to comply with.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPACT ON THE STATE:
Minimal.

EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided, however, that effective immediately,
the addition, amendment, or repeal of any rule or regulation necessary
for the implementation of this action on its effective date is author-
ized and directed to be made and completed before such effective date.